Sequence listings of a divisional application 

As an independent European patent application, a divisional application must also satisfy the requirements of Rule 30 in conjunction with the decision of the President of the EPO dated 28 April 2011 on the filing of sequence listings, OJ EPO 2011, 372 (see G 1/05, reasons 3.1). Without prejudice to the requirements of Art. 76(1), second sentence, if a sequence listing is to form part of the description of the divisional application, it must be submitted together with the other documents making up the divisional application, unless reference is made to a previously filed application containing a sequence listing as part of the application (Rule 40(1)(c)). However, an applicant who has filed a standard-compliant sequence listing in TXT format under Rule 30 with regard to the earlier application (parent application) is exempted from having to submit said sequence listing if it is intended to be used for search purposes only (i.e. not as part of the description) in respect of the divisional application. At the request of the applicant when filing the divisional application (EPO Form 1001, Box 38.3) or in reply to a deficiency communication pursuant to Rule 30(3), the EPO will add a copy of the standard-compliant sequence listing in TXT format filed in conjunction with the earlier application for search purposes only (i.e. not as part of the application) to the dossier on the divisional application (OJ EPO 2013, 542, see also A‑IV, 5).

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